In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause....more
Among other protections and rights, employees are entitled to the use of suitable seats when the “nature of the work reasonably permits the use of seats” pursuant to the Industrial Welfare Commission’s Wage Orders. As...more
Most California employers understand that they are required to provide suitable seating to employees when the nature of their work reasonably permits the use of seats. However, a California Court only recently opined on...more
The California Court of Appeal in Meda v. AutoZone, Inc. recently reversed a trial court’s finding that an employer demonstrated it “provided” seats to its employees as a matter of law under California’s suitable seating...more
In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...more
On June 3, the Ninth Circuit dismissed a putative class action after the named plaintiff voluntarily settled his individual claims. In so doing, the court held that a class representative must retain a financial stake in the...more
Punitive damages are an extraordinary remedy under Title VII, and in order to obtain them, the plaintiff must satisfy a higher standard. Nonetheless, the threat of substantial punitive damages under Title VII should put...more
On Wednesday, June 3, the Ninth Circuit Court of Appeals held in Brady v. Autozone, No. 19-35122, slip op. at 1 (9th Cir. June 3, 2020) that class claims become moot when “a class representative voluntarily settles only his...more
Seyfarth Synopsis: The 4th Circuit rejected a punitive damages award won by a male AutoZone worker who accused the Company of blatantly ignoring complaints of sexual harassment by his female co-worker, finding that managers...more
Making important law on the question of vicarious liability for punitive damages, the Fourth Circuit recently reversed awards of punitive damages under Title VII and North Carolina law in Ward v. AutoZoners....more
This month, AutoZone agreed to pay almost $50 million to settle a class action over changes the company made to its loyalty program. According to the complaint, AutoZone promised consumers that they would receive a credit...more
Changes to its loyalty program will cost AutoZone almost $50 million in a class action settlement, which comes more than three years after a California couple first accused the automotive maintenance retailer of breach of...more
Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more
Focus - California signals intent to sue over Trump’s coal rollback - San Francisco Chronicle – June 19 - U.S. Environmental Protection Agency (EPA) chief Andrew Wheeler, a former coal industry lobbyist, has signed a...more
Consumer Protection- California Attorney General Sues Country Club Owners and Operators Over Allegedly Failing to Repay Deposits to Members- California AG Xavier Becerra filed a lawsuit against country club owners and...more
The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is...more
Seyfarth Synopsis: In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a...more
Ah, class decertification in district court…the rarely glimpsed, late-harvest victory that comparatively few class action defense counsel can claim to have tasted. U.S. District Judge Charles Breyer of the Northern District...more
Don’t listen to all the doubters – HR truly can save the day. A recent federal court decision from the Western District of Tennessee illustrates the point again: prompt and appropriate investigation of a sexual...more
Recently, the EEOC filed an appeal in EEOC v. AutoZone, Inc. et al., arguing that the lower court erred in dismissing the case against AutoZone Inc. by improperly requiring the EEOC to show that the employee at issue suffered...more
As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more
As we have previously reported, the U.S. Supreme Court held earlier this year in EEOC v. Mach Mining, 135 S.Ct. 1645 (2015) that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC)...more
Court Rejects Auto Parts Retailer's Request to Second-Guess EEOC Investigation - CHICAGO - A federal district court has denied a request by auto parts retailer AutoZone to limit the scope of a nationwide disability...more
In EEOC v. Autozone, Inc., Case No. 14-CV-5579 (N.D. Ill. Aug. 4, 2015), Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of the defendant and against the...more
The record $185 million punitive damage award by a California jury in November 2014 against AutoZone has been widely reported. This huge verdict raises immediate questions: How did this happen? What circumstances led the jury...more